Sk. Jani Miya And Another vs The State Of Telangana And Another
2022 Latest Caselaw 351 Tel

   THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
        THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                        WRIT APPEAL No.311 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

09.03.2021

passed by the learned Single Judge in W.P.No.5388 of

2021.

The undisputed facts of the case reveal that the appellants'

father, Sk.Madar Hussain, was the owner and possessor of

agricultural land, to an extent of Ac.1.24 guntas, in Survey

No.1016/1 of Pillamarry Village, Suryapet Mandal and District. He

expired on 01.04.1980 leaving behind the appellants/writ

petitioners. An application was submitted by the appellants/writ

petitioners before the competent authority for mutation. However,

mutation was not done and therefore, the appellants/writ

petitioners came up before this Court with a prayer to direct the

Tahsildar to pass necessary orders in accordance with law. The

learned Single Judge has dismissed the writ petition, without

issuing notices to the other side, on the ground that in the paper

book of the writ petition, a pahani has been filed and it reflects

that there are some houses on the subject plot. Whether there are

houses on the subject plot or not, or whether mutation can be

done under the provisions of the Telangana Rights in Land and

Pattadar Pass Books Act, 2020, has to be looked into by the

District Collector.

Resultantly, the writ appeal stands allowed with a direction

to the District Collector, Suryapet District, to pass appropriate

orders, after carrying out the spot inspection, within period of

three months from the date of receipt of a copy of this order.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

31.01.2022 JSU